Legal Opinion
People v. Martinez
Criminal Court of the City of New York
Decided June 11, 2010PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Ruben Franco, J.
On April 20, 2009 Julio Martinez was issued a summons charging him with disorderly conduct in violation of Penal Law § 240.20 (7). Mr. Martinez has moved to dismiss the summons on the ground that it is facially insufficient.
*264Facial sufficiency is a nonwaivable, jurisdictional prerequisite to a criminal prosecution (People v Alejandro, 70 NY2d 133 [1987]). The Court of Appeals has held that so long as the factual allegations of an accusatory instrument give a defendant sufficient and “adequately detailed” notice so as to prepare a defense and be prevented…
2Cases cited10 opinions
- People v. AlejandroNew York Court of Appeals · 1987
- People v. CaseyNew York Court of Appeals · 2000
- Kelley v. JohnsonSupreme Court of the United States · 1976
- People v. ChesnickNew York Court of Appeals · 1950
- People v. O'GormanNew York Court of Appeals · 1937
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3Cited by1 opinion
- Cablevision Systems Corp. v. Communications Workers of America District 1New York Supreme Court · 2013